Intermittent FMLA?
kpiccoli
7 Posts
I'm looking for advice on intermittent FMLA leave. This is a real grey
area! We have an employee that is on certified FMLA leave to care for her husband after he had back surgery with a workers comp injury. We feel that she is abusing the FMLA guidelines because she has always had attendance issues. She has been coming in late to work (8 minutes to 45 minutes) on a regular basis and got a dctor note saying that her husband was undegoing electroid therapy on his back. When we called the doctor, the office manager told us that her husband occassionally goes to the office for treatments but most days the employee helps her husband with the treatments at home in the morning. Can these home treatments that are administered by the employee be considered intermittent FMLA leave or is this just an excuse for her coming in late? FMLA leave is supposed to be scheduled as to not disrupt the employer's business operations whenever possible. Can we tell the employee to get up a few minutes early to treat her husband so she can make it to work on time?
area! We have an employee that is on certified FMLA leave to care for her husband after he had back surgery with a workers comp injury. We feel that she is abusing the FMLA guidelines because she has always had attendance issues. She has been coming in late to work (8 minutes to 45 minutes) on a regular basis and got a dctor note saying that her husband was undegoing electroid therapy on his back. When we called the doctor, the office manager told us that her husband occassionally goes to the office for treatments but most days the employee helps her husband with the treatments at home in the morning. Can these home treatments that are administered by the employee be considered intermittent FMLA leave or is this just an excuse for her coming in late? FMLA leave is supposed to be scheduled as to not disrupt the employer's business operations whenever possible. Can we tell the employee to get up a few minutes early to treat her husband so she can make it to work on time?
Comments
You can, yes, if its that important to the company. You already have direct knowledge that the treatments are essential to his recovery since the person at the clinic told you he has the treatments either at the clinic or at home. Remember that intermittent MUST be APPROVED by the company. You have to agree to it. But I wouldn't choose this as my 'battle of the day'. There are opposing troops located behind several rocks. Negotiate with the ee to see if she wants to be an hour late every day or get up earlier and come in on time. Chances are if you insist on THAT though, she'll find a reason to need to leave early at lunch or before 5:00. You are also within your rights to have an general indication from the doctor as to how long the treatments and her attention to his recovery are expected to last.